ALHAJI ABDULAZEEZ ADEFILA & ANOR v. HIS ROYAL MAJESTY – OBA JAMES ADEDAPO POPOOLA (Oore of Otun-Ekiti) & ORS
(2014)LCN/6912(CA)
RATIO
WHO CAN INVOKE THE JURISDICTION OF THE COURT IN THE PROTECTION OF THE FUNDAMENTAL RIGHTS AS ENSHRINED IN THE CONSTITUTION
In the instant case, I am dealing with the Fundamental Rights provided for in the Constitution of the Federal Republic of Nigeria 1999 (as amended). To invoke the jurisdiction of the Courts for the protection of any of the fundamental rights guaranteed under Chapter IV of the 1999 Constitution of Nigeria, as amended, the applicant must be the actual person whose right has been infringed. See: SHUGABA V. MINISTER OF INTERNAL AFFAIRS (1981) 2 NCLR 459; UNIVERSITY OF ILORIN V. OLUWADARE (2003) 3 NWLR (PT.808) 557.
It is therefore improper in law to file an application in the name of any person other than that of the person whose right was breached. Also, when an application is made under the Fundamental Rights (Enforcement Procedure) Rules, a condition precedent to the exercise of the Court’s jurisdiction is that the enforcement of fundamental rights or the securing of the enforcement thereof should be the main claim and not an accessory claim. Where the main or principal claim is not the enforcement of a fundamental right, the jurisdiction of the court cannot be properly exercised as it will be incompetent. See: GAFAR V. GOVERNMENT, KWARA STATE (2007) 4 NWLR (PT.1024) 375; SEA TRUCKS NIGERIA LTD V. ANIGBORO (SUPRA); TUKUR V. GOVERNMENT OF TARABA STATE (1997) 6 NWLR (PT.510) 549. Per PAUL ADAMU GALINJE, J.C.A.
